16-561-035  <<  16-561-040 >>   16-561-041

WAC 16-561-040

Assessments and collections.

(1) Assessments.
(a) The annual assessment on all varieties of raspberries for the crop year just concluded shall be set by the board prior to October 31st. The board has the authority to set the rate within a range of zero to two cents per affected unit (pound).
(b) For the purpose of collecting assessments, the board may:
(i) Require handlers to collect producer assessments from producers whose production they handle, and remit the same to the board; or
(ii) Require the person subject to the assessment to give adequate assurance or security for its payment; or
(iii) Require in the case of assessments against affected units stored in frozen condition:
(A) Cold storage facilities storing the commodity to file information and reports with the commission regarding the amount of commodity in storage, the date of receipt, and the name and address of each such owner; and
(B) That the commodity not be shipped from a cold storage facility until the facility has been notified by the commission that the commodity owner has paid the commission for any assessments imposed by the marketing order.
(C) Subsequent to the first sale, no affected units shall be transported, carried, shipped, sold, marketed, or otherwise handled or disposed of until every due and payable assessment herein provided for has been paid and the receipt issued. The foregoing shall include all affected units shipped, stored, or sold, both inside and outside the state.
(2) Collections. Any moneys collected or received by the board pursuant to the provisions of this order during or with respect to any season or year, may be refunded on a pro rata basis at the close of the season or year or at the close of such longer period as the board determines to be reasonably adapted to effectuate the declared policies of chapter 15.65 RCW and the purposes of this marketing order, to all persons from whom such moneys were collected or received or may be carried over into and used with respect to the next succeeding season, year, or period whenever the board finds that the same will tend to effectuate such policies and purposes.
(3) Penalties. Any due and payable assessment herein levied in a specified amount as may be determined by the board pursuant to the provisions of chapters 15.65 RCW and 16-561 WAC, shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the board when payment is called for by it. In the event any person fails to pay the board the full amount of the assessment or other sum on or before the date due, the board may, and is hereby authorized to, add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collecting of it. In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the board may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent, and the action shall be tried and judgment rendered as in any other cause of action for debt due and payable.
[Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 18-15-009, § 16-561-040, filed 7/6/18, effective 8/6/18. Statutory Authority: Chapters 15.65 and 34.05 RCW. WSR 14-03-007, § 16-561-040, filed 1/6/14, effective 2/6/14. Statutory Authority: Chapter 15.65 RCW. WSR 86-13-012 (Order 1888), § 16-561-040, filed 6/6/86; WSR 81-09-003 (Order 1728), § 16-561-040, filed 4/6/81; Order 1478, § 16-561-040, filed 7/29/76.]
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